HomeMy WebLinkAboutBPW-02-05-92-01BPW AuthorityRESOLUTION NO. ~888~
A RESOLUTION TO DETERMINE THE STATUTORY SCOPE OF
AUTHORITY OF THE BOARD OF WORKS TO MAKE
PERMANENT APPOINTMENTS OF RANK IN
UPPER LEVEL POLICY-MAKING POSITIONS
WHEREAS, The Board of Public Works and Safety, for the City
of Carreel, Indiana, (the "Board"), shall administer the Police
Department for the City of Carreel, and shall have exclusive control
over all matters and property relating to the Police Department;
and
WHEREAS, the Board shall appoint the members and other
employees of the Police Department other than those in an upper
level policy-making position; and
WHEREAS, Indiana Code 36-8-1-12 defines those upper level
policy-making positions based on the authorized strength of the
Police Department and is evidence of such positions; and
WHEREAS, at the time of the appointments of Donald W. Allen
(January, 1988) and Gerald L. Honaker (July, 1987) to the rank of
Major the authorized strength of the Police Department was more
than ten but less than fifty-one members, the rank of Major being
one of the top two ranks attainable, was an upper level policy-
making position by statute;
WHEREAS, the appointment of Donald W. Allen to Assistant Chief
in January of 1989 inserted a new second tier of rank below Chief
while the Police Department's authorized strength classification
remained unchanged, a window of time was created wherein the Board
could appoint members of the Police Department to the permanent
rank of Major; and
WHEREAS, during this window of time, in January of 1990,
Robert E. Nibarger was appointed to the rank of Major when Major
was not a statutory upper level policy-making position; and
WHEREAS, in January of 1991 the Police Department reached the
authorized strength level in excess of fifty-one (51) members,
creating statutory upper level policy-making positions for the top
three tiers of rank in the Police Department, once again including
any and all Major appointments; and
WHEREAS, The Board of Works acted beyond the limits of its
statutory authority when it attempted to confer a permanent rank
of Major on Robert W. Allen, Gerald L. Honaker, and any others
similarly situated; and
WHEREAS, the general public policy behind the statutes and the
caselaw is to prohibit any administration to insert members of the
Police Department into upper level policy-making positions
permanently and to bind successive administrations to such
appointments;
NOW, THEREFORE, BE IT RESOLVED by the Board of Works of the
City of Carmel, Indiana, that:
1. The appointments to the rank of Major of Donald W. Allen on
January 18, 1988 and of Gerald L. Honaker on July 1, 1987 were
invalid inasmuch as they were outside the scope of authority of the
sitting Board of Works, and the Resolution adopted at the
1991 meeting was equally outside the Board's scope of authority and
all such actions are hereby rescinded;
2. Donald W. Allen and Gerald L. Honaker and others similarly
situated continue to serve at ranks deemed to be upper level
policy-making positions at the pleasure of the Mayor and the Chief
of Police;
3. Robert E. Nibarger attained the rank of Major at a time that
the Board had the scope of authority to confer a permanent
appointment on him to the rank of Major and he shall continue to
serve at such rank subject to the rules and regulations of the
Police Department.
ALL OF WHICH IS RESOLVED by the Board of Works of the City of
Carmel, Indiana, this ~ day of February, 1992.
BOARD OF PUBLIC WORKSAND SAFETY
FOR THE CITY OF CARMEL, INDIANA
ATTESTATION:
SUSAN W. JO~ES
Clerk-Treasurer